RE: Cruz, David L. Document Title: Notice of Trustee's Sale Grantor (Trustee): Blado Kiger Bolan, P.S. Grantee (Debtor): David L. Cruz Beneficiary: Commercial Bank Abbreviated Legal Description: Lot 33, Lorayne Heights Div II Parcel No.: 800019-0330 NOTICE OF TRUSTEE'S SALE (with Notice to Tenant) PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24, ET. SEQ. TO: David L. Cruz I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will on the 23rd day of August, 2013, at the hour of 10:00 a.m., at the outside plaza off the second floor lobby, County-City Building, 930 Tacoma Ave. S., in the City of Tacoma, State of Washington, sell at public auction to the highest and best bidder, payable at the time of the sale, the following described real property, situated in the County of Pierce, State of Washington, to-wit: Lot 33, Lorayne Heights Division II, according to the Plat thereof recorded April 30, 1998, under recording number 9804305004, in Pierce County, Washington. (commonly known as 25103 157th St. Ct. E., Buckley, WA 98321) which is subject to that Certain Deed of Trust dated April 19, 2007, and recorded April 20, 2007, under Auditor's File No. 200704201506, from David L. Cruz as Grantor to First American Title Insurance Company as Trustee, to secure an obligation in favor of Mortgage Electronic Registration Systems, Inc. (MERS) as nominees for American Brokers Conduit, as Beneficiary, the beneficial interest in which was assigned to Commercial Bank under Assignments recorded under Pierce County Auditors Nos. 201010190240 and 200812160180. II. No action commenced by Beneficiary of the Deed of Trust is now pending to seek satisfaction of the obligation in any Court by reason of the Borrower's or Grantor's default on the obligation secured by the Deed of Trust. III. The default(s) for which this foreclosure is made are as follows: Failure to pay when due the following amounts which are now in arrears: Monthly payments of $1,457.36 each (through April 22, 2013): ^$14,573.60 Failure to pay late fees of $27.41 each (through April 2013): ^$274.10 Failure to pay provide proof of payment of real property taxes. Failure to provide fire and hazard insurance. Other: NA IV. The sum owing on the obligation secured by the Deed of Trust is: $14,573.60, together with interest as provided in the note or other instrument secured from the 19th day of April, 2007, and such other costs and fees as are due under the note or other instrument secured, and as are provided by statute. V. The above described real property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust as provided by statute. The sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on the 23rd day of August, 2013. The default(s) referred to in paragraph III must be cured by the 12th day of August, 2013, (11 days before the sale date) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before the 12th day of August, 2013 (11 days before the sale date), the default(s) as set forth in paragraph III is/are cured and the Trustee's fees and costs are paid. The sale may be terminated any time after the 12th day of August, 2013, (11 days before the sale date) and before the sale by the Borrower, Grantor, any Guarantor, or the holder of any recorded junior lien or encumbrance paying the entire principal and interest secured by the by the Deed of Trust, plus costs, fees, and advances, if any, made pursuant to the terms of the obligation and/or Deed of Trust and curing all other defaults. All payments required to reinstate the Deed of Trust shall be tendered to the Trustee in the form of cash, certified check, cashier's check, money order or funds received by verified electronic transfer, or any combination thereof. VI. A written notice of default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following addresses: Name Address Mr. David L. Cruz 25103157th St. Ct. E. Buckley, WA 98321 Mr. David L. Cru P.O. Box 58030 Buckley, WA 98138 by both first class and certified mail on the 8th day of March, 2013, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on the 10th day of March, 2013, with the written notice of default, or the written notice of default was posted in a conspicuous place on the real property described in paragraph 1 above, and the Trustee has possession of proof of such service or posting. VII. The Trustee whose name and address are set forth will provide in writing to anyone requesting it, a statement of all costs and fees due at any time prior to the sale. VIII. The effect of the sale will be to deprive the Grantor and all those who hold by, through or under the Grantor of all their interest in the above-described property. IX. Anyone having any objections to the sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant to RCW 61.24.130. Failure to bring such a lawsuit may result in a waiver of any proper grounds for invalidating the Trustee's sale. X. NOTICE TO OCCUPANTS OR TENANTS The purchaser at the trustee's sale is entitled to possession of the property on the 20th day following the sale, as against the grantor under the deed of trust (the owner) and anyone having an interest junior to the deed of trust, including occupants who are not tenants. After the 20th day following the sale the purchaser has the right to evict occupants and tenants by summary proceedings under chapter 59.12 RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060. THIS IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME. You have only 20 DAYS from the recording date on this notice to pursue mediation. DO NOT DELAY. CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN WASHINGTON NOW to assess your situation and refer you to mediation if you are eligible and it may help you save your home. See below for safe sources to help. SEEKING ASSISTANCE Housing counselors and legal assistance may be available at little or no cost to you. If you would like assistance in determining your rights and opportunities to keep your house, you may contact the following: The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the Housing Finance Commission: Telephone: Toll free 1-877-894HOME (1-877-894-4663) Web Site: http://www.wshfc.org/ buyers/counseling.htm The United States Department of Housing and Urban Development: Telephone: Toll free: 1-800-5694287 Website: http://www.hud.gov/ offices/hsg/sfh/hcc/hcs.cfm?web ListAction=search&searchstate=WA The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys: Telephone: Toll free: 1-800-6064819 Website: http://nwjustice.org/whatclear Dated April 22, 2013. Blado Kiger Bolan, P.S. By: /s/Nicole M. Bolan, Trustee 4717 South 19th Street, Suite 109 Tacoma, WA 98405 (253)272-2997 July 22, August 12